Does child support ever end early in NC?
Child Support ends early upon the death or emancipation of the minor child. Child support also terminates upon the death of the payor. Also a significant change in the number of physical custody overnights can warrant a termination or modification of child support in NC.
Does child support stop at 18 in NC?
Ongoing child support should end at age 18 unless the child is still in high school and making satisfactory progress towards graduation. What constitutes satisfactory progress would be a judge to determine if the child is still under age 20. If you are under wage withholding it may be necessary to file or submit paperwork to stop garnishment as the Court does not track graduation records.
Can child support extend past age 18 for disabled adults in NC?
There is caselaw to support a possible exception for children who are mentally or physically incapable of self-support upon reaching age 18. That being said, legislative efforts to amend the child support language in NCGS 50-13.4(c) to explicitly require support for disabled adults have failed.
How is child support calculated in NC?
Child support is calculated based upon the NC Child Support Guidelines. The guideline amount is based upon actual data for what intact families spend on their children. The main factors considered by the guidelines are as follows:
Does child support stop if the child starts working?
Unless the child is emancipated the fact that a child is working does not impact the calculation of child support according to the North Carolina guidlines. The money a child earns belongs to the child and he and she can spend the money whoever they want such as on videogames and therefore the money may or may not go to support the actual needs of the child.
Is step parent money considered in NC child support calculations?
Money made by a new spouse is generally not considered in North Carolina child support calculations because they have no legal responsibility for children they have not adopted. That being said, if one spouse does not work or works limited hours because their new partner makes lots of money that certainly could be considered as suppression of income. Another possible avenue is to argue that deviation from the guidelines is appropriate based on the high income of a new spouse.
What if I can’t afford the NC child support guideline amount?
Deviation from the guideline amount is rare and generally is used to increase the amount required for children with special dietary or medical needs. The Court generally does not consider the expenses of the payor such as rent or a car payment in setting child support amount.
Is daycare included in child support in NC?
Child care or daycare is a line item on the child support worksheet that raises the amount of child support owed. The expense is usually included in the guideline amount and is essentially shared between both parties based upon their respective incomes.
Do I have to buy medical insurance for my child in NC?
The NC Child Support Guidelines assume that any medical insurance available from an employer to an employee to cover his or her children is available at a reasonable cost and ordinarily should be required by at least one parent.
NC child support laws for college students
Under North Carolina law there is no legal duty to pay any college expenses or to continue child support past age 18 if the child is enrolled in college. Please note that some states do require child support until age 21 if the child is enrolled in college.
What does child support include in NC?
Child support is meant to cover a portion of expenses involved with raising a minor child such as housing, utilities, food, transportation, clothing, educational expenses, entertainment, and incidentals.
is child support tax deductible in NC?
Child support is not considered taxable income for the custodial parent and therefore is not deductible for the party making the payment. This differs from the old alimony rule (alimony tax rule has been changed for newer orders) that considered alimony taxable income for the party receiving the money and the party making the payment receives a reciprocal deduction. One possible policy explanation is child support is received on behalf of a minor child whereas alimony is for the benefit of the party.
Can child support expenses be audited in NC?
The party receiving child support is not required to provide any documentation or accounting of how the money is spent. In theory the party receiving child support could waste the money on vacations, clothes, jewelry, or an outrageous car payment. The Court usually has no interest in scrutinizing how money is spent as it would clog up an already overworked Court system and may be viewed as a way to harass the party receiving support.
Do I have to pay for anything besides child support in NC?
A typical child support order simply requires one monthly child support amount. There is also usually a requirement to pay a percentage of uninsured medical expenses based on each parent's pro-rata income. Generally speaking, outside of child support there is no obligation to buy your child any clothes, pay for a soccer league, or even purchase a Birthday or Christmas present. One possible extraordinary expenses allowed under the guidelines might include private school if the child was enrolled before separation of the parties and it was a shared expense. Expenses related to braces are often shared pro-rata as a medical expense.